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Tribunals of Inquiry.

Dáil Éireann Debate, Thursday - 19 February 2004

Thursday, 19 February 2004

Questions (100)

Thomas P. Broughan

Question:

94 Mr. Broughan asked the Minister for Education and Science if the Government has considered the implications of the judgment of the High Court of 17 October 2003, in a case taken by persons (details supplied) challenging two procedural rulings made by the Laffoy commission; his views on whether the commission, under its new chair, Sean Ryan, is now clear to resume its work; and if he will make a statement on the matter. [5233/04]

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Written answers

Mr. Justice H. Abbott handed down his judgment in the application by the Christian Brothers to the High Court on 17 October 2003. The High Court found that the Commission to Inquire into Child Abuse Act 2000 is not unconstitutional and that the investigation committee of the commission could operate in the manner outlined in the Act. Work on legislation amending the Commission to Inquire into Child Abuse Act is well advanced and the office of the parliamentary counsel is working on including legislative amendments, recommended in Judge Sean Ryan's report, in the draft Bill.

However, there are two issues in particular that need to be taken account of prior to the legislation being published: the ongoing litigation involving the Christian Brothers must be concluded before legislation can be finalised. Judge Ryan in his report states that notice must be taken of the Christian Brothers case and the potential effect of the ultimate judgment in the case on the proceedings of the investigation committee. Judge Ryan states "It is impractical to suggest that there could be amending legislation processed and enacted until the Murray-Gibson (Christian Brothers) litigation is determined."

The final version of Judge Abbott's judgment in this matter was issued on 27 January 2004 and the 21 day period during which parties to that case can decide whether or not to appeal to the Supreme Court has now expired. The Chief State Solicitor's Office has informed my Department that while the written notification has not yet been received, the solicitors for the Christian Brothers have informed the CSSO that they are going to appeal. My Department will follow this issue up with the CSSO with a view to ensuring, in so far as possible, that the Supreme Court would hear such an appeal as quickly as possible.

It is possible that Judge Ryan will recommend further legislative changes arising from the consultation he intends to undertake with all parties to the Commission and any recommendations for legislative change would have to be considered in the finalisation of the draft Bill. Meanwhile, he has outlined several matters in chapter 8 of his report that it is possible for the investigation committee of the commission to progress in advance of amending legislation. These matters include, inter alia, writing to all complainants to the investigation committee and examining material already provided to the committee in preparation for future hearings.

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